VIJAY MASIH Vs. STATE OF U.T. CHANDIGARH

JUDGEMENT

(1.) APPELLANT -accused Vijay Mashi son of Biru Nath, resident of House No. 283, Village Hallo Majra, was charged under Section 302 IPC for committing the murder of his wife Mariam. The trial Court vide its judgment and order dated 12.8.1994 found the accused guilty of an offence under Section 302 IPC and awarded him sentence of imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo rigorous imprisonment for a period of six moths. Aggrieved from the judgment the present appeal has been preferred by the accused.

(2.) THE facts necessary for disposal of this appeal are that having received information at police station, Sector 31, Chandigarh from control room on wireless that a quarrel had taken place at village Hallo Majra, SI Maghi Ram, SI Hardev Singh and ASI Chander Singh alongwith two constables had proceeded to the place of occurrence and there they recorded the statement of Balbir Singh son of Ajmer Singh PW.9.

(3.) THE accused then went inside the room and came out with a chhuri and gave blow with it on the left breast of his wife as a result of which she fell down and he ran away towards the fields at the back side of his house. The electric bulb was on in the verandah at that time. Mariam was taken to General Hospital, Section-16, Chandigarh in a police van and was admitted. FIR No. 43 dated 12.4.1991, under Section 324 IPC was registered. From General Hospital, Mariam was referred to PGI. However, she is stated to have died in that hospital on 16th and the offence was changed to Section 302 IPC. Post mortem on the body of the deceased was performed. During the inquest proceedings under Section 174 Cr.P.C. the investigating officer recorded statements of various witnesses including the two eye witnesses namely Balbir Singh PW 9 and Sham Lal PW 10.